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Sir, Our Redevelopment Agreement had a provision for a ₹15.80 lakh bank guarantee. At the request of the developer, a supplementary redevelopment agreement was executed and registered, under which the developer agreed to mortgage his saleable component of the first floor. He also agreed to execute a mortgage deed and pay the applicable stamp duty. However, I have discovered that the premises he agreed to mortgage have already been sold. We came to know about this when renovation work started in that premises. The office bearers never informed the members, and no consent was taken from us. Most members have no objection because they are not aware of this matter. The secretary is threatening members that if we raise objections, he will stop paying the rent. My PAA (Permanent Alternate Accommodation Agreement) has also not been executed yet. Kindly guide me on how an individual member can protect his interests. I am a senior citizen aged 71 years and I fear that I may not receive my flat in my lifetime. Kindly guide me.
You can take legal action to protect your rights as a society member. First, send a legal notice to the society and developer asking for an explanation about selling the mortgaged premises without members’ consent. You may file a complaint before the Cooperative Court or the Registrar of Cooperative Societies against the society office bearers and developer. You can also seek an injunction in civil court to stop further sale or construction and demand execution of your PAA and proper security for redevelopment. As a senior citizen, you may request urgent hearing for protection of your housing rights. For further legal assistance contact us on our helpline number.